The House of Representatives has passed the Mediation Act, which seeks to establish a regulatory framework for the conduct of mediation in Jamaica.
The act governs community, court-directed, and international mediation, the registration of mediators, and the licensing and regulation of mediation service providers.
The legislation will also give effect to the provisions of the United Nations Convention on International Settlement Agreements Resulting From Mediation, adopted by the United Nations General Assembly in New York on December 20, 2018.
The Bill, which was piloted by Minister of Justice and Constitutional Affairs, Delroy Chuck, was passed with two amendments.
Among the changes are amendments to clause two, with the term “habitual resident” being replaced with “ordinary resident”.
In addition, amendments were made to clause 11, which deals with the offence of operating as a mediation service provider without a licence.
Chuck explained that the offence carries a maximum fine of $1 million but is being amended to also include a prison term.
“So, clause 11, we will put after $1 million, the words ‘in default of payment of the fine, to imprisonment for a term not exceeding six months’,” he stated.
The Mediation Act is in keeping with the country’s alternative dispute resolution framework, transforming mediation from an informal option into a structured cornerstone of the justice system.
The legislation will, among other things, provide legal certainty by clearly codifying the mediation process into domestic law and eliminating confusion for global businesses.
It also establishes the “rules of the game” giving local courts a clear framework to seamlessly recognise and enforce mediated settlement agreements.
The Bill will now be sent to the Senate for its approval.